The case involves MA-417/2018 filed in CP(IB)1832/MB/MAH/2017 by EPC Construction India Limited. The order is being pronounced pursuant to directions given by the Bombay High Court in Writ Petition (OS-WP-LD-VC-251-2020) dated 24.08.2020, directing the bench to pronounce the order within four weeks. The MA-417/2018 was heard de novo after reconstitution of the bench. The core issue revolves around the invocation of a 'Performance Bank Guarantee' and its relation to Section 14 of the Insolvency and Bankruptcy Code (IBC).
EPC Construction India Limited filed MA-417/2018. NLC India Limited and Axis Bank Limited are the respondents. The Bombay High Court directed the NCLT to pronounce an order within four weeks following a writ petition. The core issue is whether NLC India Limited can invoke a 'Performance Bank Guarantee'. The I&B Petition moved by the Financial Creditor has already been admitted, CIRP has commenced, the Resolution Professional has taken over the charge of the Corporate Debtor, and the Resolution Plan is also approved. The applicant sought relief that the court determined falls outside the purview of Section 14 of the Insolvency and Bankruptcy Code. The court considered precedents related to bank guarantees and their invocation.
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Bombay High Court directs NCLT to pronounce…
NCLT pronounces order in…
The case involves MA-417/2018 filed in CP(IB)1832/MB/MAH/2017 by EPC Construction India Limited. The order is being pronounced pursuant to directions given by the Bombay High Court in Writ Petition (OS-WP-LD-VC-251-2020) dated 24.08.2020, directing the bench to pronounce the order within four weeks. The MA-417/2018 was heard de novo after reconstitution of the bench. The core issue revolves around the invocation of a 'Performance Bank Guarantee' and its relation to Section 14 of the Insolvency and Bankruptcy Code (IBC).
EPC Construction India Limited filed MA-417/2018. NLC India Limited and Axis Bank Limited are the respondents. The Bombay High Court directed the NCLT to pronounce an order within four weeks following a writ petition. The core issue is whether NLC India Limited can invoke a 'Performance Bank Guarantee'. The I&B Petition moved by the Financial Creditor has already been admitted, CIRP has commenced, the Resolution Professional has taken over the charge of the Corporate Debtor, and the Resolution Plan is also approved. The applicant sought relief that the court determined falls outside the purview of Section 14 of the Insolvency and Bankruptcy Code. The court considered precedents related to bank guarantees and their invocation.
Bombay High Court directs NCLT to pronounce…
NCLT pronounces order in…